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Prisoner Survived With the Support of European Court

November 17, 2009

Shorena Kakabadze, Kutaisi

The Human Rights Center wrote about the prisoner who spent more than one year with poorest health conditions. Despite hepatitis, colitis and psychopathy, medical treatment was provided for him only after the European Court took up the case. The seriously ill person was taken to the central hospital with grave health conditions.

Despite the request of the attorney of Mamuka N, administration of the Rustavi Prison N 6 resolved his problem in the following way – they sent the prisoner to Ksani prison instead jail hospital. Later, the European Court of Human Rights took up the case. The attorney petitioned to the European Court after she realized that nobody cared about the problem in Georgia – neither head of prison nor Minister of Penitentiary and Probation of Georgia.

In her appeal to the European Court the attorney requested in accordance to the Article 39 of the Court Rules to carry out temporary activity – to diagnose the prisoner, to take him to the central hospital and to start correct medical treatment for him in order to save him from death.

Government of Georgia obeyed the direction of the Strasbourg Court. Besides initial medical assistance Mamuka N was operated too.

“In order to save the person from death and to provide him with corresponding medical treatment we had to apply to the European Court. I was appealing to various courts here in Georgia and requested everybody to help the prisoner. I did not want to allow the young man to die. Of course, the European Court resolved the problem. In accordance to the Article 54, Part II of the Rules of the European Court it ordered the Government of Georgia to examine medical documents on the prisoner. The documents should provide information on the current health conditions of the prisoner and about medical assistance provided to him in the detention setting,” said lawyer Ana Chapidze.

Soon, government of Georgia promised the European Court to send the requested documents as well as to provide medical assistance for the prisoner. Initially Mamuka N. was placed in central hospital and then in jail hospital. He had hepatitis and serious problems on his lungs.

“Two weeks later the prisoner was to be examined again but it was not done. However, we should say that we succeeded. The prisoner has already involved 8-month program of tuberculosis treatment that is very important for his health. I know that stitches have opened and he does not feel well. I appealed to the administration of the jail hospital and requested to inform me about his health conditions. They replied to me but the letter is very vague and only medical personnel can understand the context. It is general attitude towards the prisoner and it astonishes us. Shall I appeal to the European Court to find out health conditions of the prisoner? Finally this mediation shall end,” said Ana Chapidze.

The attorney will appeal to the European Court in several days again. She will speak about inhuman conditions where the prisoner had to live in the detention setting.

“Article 3 of the Human Rights Convention is breached here; it is torture and inhuman treatment. The prisoner got ill with all diseases in prison because of inhuman treatment. Government of Georgia and corresponding institutions are responsible for it in order to prevent similar facts in future,” said the lawyer.

The attorney has already appealed to the permanent commission of the Ministry of Penitentiary, Probation and Legal Aid and requested early release of the prisoner. Mamuka N. has already served three fourth of his term. In addition to that he is seriously ill and has attempted suicide.

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